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Kenya

  • International Country Code:

    KE
  • Time Zone:

    UTC/GMT +03:00
  • Currency:

    Kenyan shilling (KES)

Patent in Kenya

Kenya
from 866.00
Total Number of Claims
Number of Priorities
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  • Patent fees

Fees associated with filing patent applications in Kenya as well as other patent fees are available in the fee calculator.

  • Term for filing a patent application in Kenya

Kenyan patent application claiming conventional priority should be filed within 12 months from the priority date.

  • Filing requirements in Kenya

The official language of the proceedings before the Kenyan patent office is English. Applications should be filed in English or accompanied by the certified translation into English.

To obtain the filing date, it is necessary to provide the patent office with the application containing:
- name and address of the applicant;
- description (even if it complies with formal requirements only);
- a claim or claims (even if it complies with formal requirements only).

A certified copy of the Priority Document should be provided within three months from the filing date. No notarization or legalization is required. If the priority document is not in English, English translation thereof is required.

Simply signed Power of Attorney should be submitted to the Kenyan patent office.

If an applicant is not the inventor, a simply signed statement justifying applicant’s right to the patent should be filed with the patent office.

  • Examination of a Kenyan patent application

Formal and substantive examinations are conducted in respect of patent applications filed in Kenya. The term for requesting substantive examination is three years from the filing date. In case of failure to request the examination within this term, the application will be considered abandoned.

  • Novelty grace period

Disclosure of an invention will be disregarded and will not disprove its novelty if it occurred within 12 months before the priority date and resulted from:
- applicant or his predecessor in title;
- an evident abuse by a third party in relation to the applicant or his predecessor in title.

  • Grant, validity term and maintenance fees 

The grant fee should be paid to the patent office before the patent is granted. Patents are valid for 20 years from the filing date. Annual maintenance fees fall due on the anniversary of the filing date and should be paid in advance before the due date. Late payment is possible within a grace period of six months after the due date upon payment of the corresponding surcharge.

  • Duration of registration procedure

If the process goes smoothly, it takes an average of two years to obtain a patent in Kenya.

  • Utility Model 

According to the Kenyan IP legislation, it is possible to get a patent for utility model, which is valid for ten years (non-renewable) from the filing date. New and industrially applicable inventions can be patented as utility models. Utility models in Kenya are not examined as to substance and granted upon formal examination. It takes an average of 19 months to get a patent for utility model in Kenya.

  • Representation by a patent attorney

For foreign applicants, it is necessary to be represented by an agent, a registered Kenyan patent attorney.

  •  Notes

1. Patent protection in Kenya may also be obtained via designating Kenya in an ARIPO application.
2. Kenyan residents are obliged to file first with the Kenyan intellectual property office.

Brief summary is based on the information provided by B M MUSAU & CO on 08.10.2019
Please contact us if the above information is not in conformity with Kenyan IP Laws

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